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Motor Vehicle Accidents- New York’s No-Fault Law

March 29th, 2017

Motor vehicle accident

If you have been injured in a motor vehicle accident in New York, the no-fault insurance law plays an important role in your settlement. New York is one of 12 states that follow the no-fault system. This means that your own insurance company will pay for damages in an accident, regardless of fault. No-fault laws are intended to simplify the claims process and reduce personal injury lawsuits. They provide a quick way to resolve claims and offer quick payments for damages.

A no-fault insurance claim, also called a Personal Injury Protection claim (PIP claim) pays for legitimate economic losses up to $50,000 per person to cyclists, pedestrians, drivers and passengers. It can cover ambulance expenses, medical bills, prescription drugs, diagnostic tests, therapeutic services and lost wages. If the expenses exceed $50,000, you can either apply for additional no-fault (additional PIP) benefits or consider other policies such as your health insurance, Medicare or Medicaid program, umbrella policies or federal Social Security disability benefits.

What is not covered by no-fault insurance?

The New York no-fault policy does not cover pain and suffering damages or property damages. However, there are ways to claim these damages, as explained below:

  1. Non-economic damages:
  2. If you have suffered serious or life-altering injuries in a motor vehicle accident, you can sue the negligent driver’s insurance for “non-economic” damages such as pain and suffering and loss of consortium. The state’s “serious injury” threshold includes:

    • Severe disfigurement
    • Bone fracture
    • Dismemberment
    • Permanent limitation of use of a body organ
    • Significant limitation of use of body function or system
    • Substantial full disability for 90 days
    • Miscarriage
    • Injuries resulting in wrongful death

  3. Property damages:
  4. If you have suffered property damage as a result of the accident, you can also pursue a claim against the at-fault driver for the cost of repairing or replacing the vehicle.

Who is covered by no-fault insurance?

No-fault insurance coverage protects the policy owner or a family member in the same household. It applies to any driver, pedestrian, passenger or cyclist injured by a motor vehicle in New York. In order to qualify for no-fault coverage the following conditions must be met:

  • The motor vehicle accident must occur in New York.
  • The party in question must be injured by, or in contact with, the motor vehicle.
  • The vehicle must be a car, truck, bus, taxi, motorcycle, scooter or other vehicle covered by the New York no-fault law.
  • The vehicle must be registered in New York State.
  • The vehicle’s insurance policy must have been sold in New York or issued by a company licensed to do business in New York State.

How to file a no-fault claim?

The steps involved in filing a no-fault claim involve:

  • Filing a claim with your own insurer
  • Providing written notice of the accident within 30 days
  • Submitting medical bills within 45 days
  • Submitting a claim for lost wages within 90 days

Injured in a motor vehicle accident? Contact the Dervishi Law Group, P.C.

If you or a loved one has been injured in a motor vehicle accident in the Bronx, NY, get in touch with motor vehicle accident attorneys at Dervishi Law Group, P.C. We have extensive experience in handling all types of motor vehicle accident claims throughout New York State. Call us at 917-300-0797 or 718-619-4525 or fax us at 718-484-4758. You can also email us at fdervishi@dervishilaw.com.

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